Second Quarter 2017 Fulkerson Lotz Obtains Summary Judgment In Patent Litigation Fulkerson Lotz ("FL") recently obtained summary judgment for its client, Cokebusters USA Inc. ("Cokebusters") in a patent infringement matter brought by Quest Integrity L.L.C. ("Quest"). For The Record Fulkerson Lotz Obtains Summary Judgment In Patent Litigation...Page 1 Wes and Kristin Lotz Volunteer to Teach Texas...Page 2 The key focus of the case involved inspecting petroleum refineries for buildup of congealed carbon deposits commonly referred to as coke in the industry, Tom Fulkerson explained. As crude oil runs through the piping coils in the furnace, coke builds up, and the tubes need to be cleaned and inspected. That s where FL s client Cokebusters comes in. When refineries shut down for maintenance, they hire Cokebusters to deploy a scrubber pig to remove the coke. After Cokebusters finishes scrubbing the tubes, a second inspection pig runs through the furnace to verify that the pipes are clean and intact. Quest s patent, filed on June 1, 2004, related to the displays created during the inspection process. Quest claimed to own the exclusive right to create two-dimensional and threedimensional displays arranged to represent the physical geometry of the furnace. Quest filed its patent infringement suit against Cokebusters at the end of 2014, alleging infringement and seeking a preliminary injunction and damages. Settlement Reached in "David v. Goliath" Trademark Infringement Case...Page 3 Swinging for the Fences... Page 3 Fulkerson Lotz Hosts ACC Law Day Social...Page 4 Ethan Gibson & Nick Brown Publish in Law360...Page 5 Kimberly Lewis Celebrates 15 Years...Page 5 Sample of modern 3D displays, mapping out the piping's internal diameter and intensity of coke-blockage. "Early in the case, we identified key defenses and took depositions of the corporate representatives and named inventors," said Wesley Lotz, who also worked on the case. "We also worked closely with subject matter experts in computer software, visualization, and the refining industry to defeat a preliminary injunction and position the case for summary judgment." (Cont.) 1
Fulkerson Lotz Obtains Summary Judgment In Patent Litigation (Cont.) The strategy paid off. FL moved for summary judgment on the grounds that Quest had sold the claimed technology for more than a year before filing its patent which renders the patent invalid under the patent's so-called on sale bar. On April 7, Judge Sue Robinson agreed, ruling that the asserted claims against Cokebusters were invalid as a matter of law. Judge Robinson stayed Cokebusters counterclaim for fraud on the patent office pending any appeal Quest chooses to file. As John Phipps, President and CEO of Cokebusters explained it, "we're a relatively small specialist engineering company without experience of legal action at this senior level. When suddenly attacked just before Christmas 2014, it was clear from the onset that we could lose this case simply through the burden of costs, regardless of rights and wrongs. Knowing we were up against a huge corporation whose resources were effectively limitless, our choice of lawyers was critical. We needed a firm that was itself not a corporation, yet it was essential for them to be gutsy, not easily intimidated, and even quietly confident of their own abilities. I wanted to be able to speak directly with real people who would listen, and who would study the mass of details and approach the case with original thinking as well as real care. This is certainly what we found in Fulkerson Lotz, and I believe we were very fortunate in our choice." We were very happy to help Cokebusters on this case, said Tom Fulkerson. Our opponent spent over six million dollars at a time it knew Cokebusters was vulnerable and just starting to enter the market. A less determined client might have given up, but Mr. Phipps and the entire team at Cokebusters had the resolve to fight what was clearly a meritless claim. FL will continue to defend Cokebusters in the Federal Circuit and upon return to the District Court for Cokebuster's remaining claims. Wes and Kristin Lotz Volunteer to Teach Texas Partner Wes Lotz and his wife, Kristin Kruse Lotz of the Joiner Law Firm, taught the Teach Texas curriculum to 30 students at Cinco Ranch Junior High. The two day program focused on Texas legal history, the rule of law, the origins of the Texas Constitution, the court structure at the state and federal level, and the role of the judiciary. The Teach Texas committee is sponsored by the Texas Supreme Court Historical Society and the Houston Bar Association. The committee works with volunteer attorneys and judges to educate 7th grade Texas history classes on the court system. We enjoyed volunteering for the Teach Texas program to educate students on Texas legal history. The students applied hands-on learning to gain a better understanding of the court system. At the end of the day, the students learned about the Texas Constitution and of the role played by each court. The discussion ranged from small disputes handled at the municipal court level, to larger disputes in county and district courts, as well as appeals to the Court of Appeals and Texas Supreme Court." 2
SETTLEMENT REACHED IN DAVID V. GOLIATH TRADEMARK INFRINGEMENT CASE After defeating summary judgment, obtaining favorable discovery rulings, and findings by the district court on an application for preliminary injunction, Fulkerson Lotz obtained a settlement on behalf of its client, Dr. Michael Jones. In the lawsuit, brought in the United States District Court for the Southern District of Texas, Dr. Jones alleged that the defendant, one of the largest suppliers of certification programs in the fitness industry, had copied and profited from a professional certification title that Dr. Jones originated and has used for more than twenty years. This was a true David and Goliath fight pitting our client, an individual, against a company that is the largest player in the fitness industry, Mr. Brown explained. I m excited to take my business to new heights. It wouldn t be possible without the hard work of my excellent team of attorneys, said Dr. Jones. Fulkerson Lotz wishes Dr. Jones the best in his endeavors and is confident he will succeed in whatever he chooses to do. I would like to thank Mr. Wesley Lotz, the law firm of Fulkerson Lotz, and the Elliott Law Firm, for all of their work over the last eighteen months, said Dr. Jones. I d also like to thank Fulkerson Lotz attorney Nick Brown in particular, whose tremendous talent and hard work put us in a fantastic position to take this case to a jury trial if it had gone that far. The victories along the way, while the litigation was pending, say a great deal about the tremendous amount of hard work that Dr. Jones put into building a name for his business over the course of two decades, Mr. Brown said when asked about the case. Swinging for the Fences Of Counsel Gavin Uttecht teamed up with National Oilwell Varco s Grant Prideco on Team Delta to represent Fulkerson Lotz in its sponsorship of the Derricks & Diamonds Charity Softball Tournament in early May. The team took on various other teams representing oil and gas companies from the Houston area. The annual tournament benefits Texas Children s Hospital and Snowdrop Foundation and is hosted by a partnership between National Oilwell Varco (NOV) & Schlumberger. a group photo rnament team poses for tou tz Lo n rso lke Fu e Th ter. with Gavin Uttecht at cen Over the course of the tournament s 12-year history, the charity has raised over $2.6 million, making it not only a fun event for donors and participants but a rewarding one as well. Gavin stated he did what [he] could to add value to the team and thoroughly enjoyed himself in the process." The Fulkerson Lotz team consisted of various athletes including a former softball player, former collegiate baseball player, a cricket player, and two former swimmers. The team quickly bonded and managed to come in second in their division. 3
Fulkerson Lotz Hosts ACC Law Day Social In May, Fulkerson Lotz partnered with the Houston Chapter of the Association of Corporate Counsel to host a "Law Day" themed celebration. The American Bar Association declared this year's theme to be "honoring the 14th Amendment of the U.S. Constitution," which established equal protection under the law for all citizens. ACC members and other corporate counsel from Houston attended the celebration which was hosted at the Fulkerson Lotz offices. Festivites included entertainment from a live jazz duet, three raffles for Houston Astros tickets, and an expert mixologist serving up two appropriately themed spirits. Top, left to right: Dionne Hamilton, Stephanie D. Jackson & Elena Baer; Wes and Kristin Lotz; Ryan Wollenberg Duo Center, left to right: Mark Wolf, Tom Fulkerson, Guillaume Groisard, Bradley Christen, Ralf Midkiff; Norm Peterson, Gavin Uttecht & Irene Kosturakis Bottom, left to right: Raffle Winners Mark Wolf, Dean and Doris Fisher 4
Ethan Gibson & Nick Brown Publish in Law360 Partner Ethan Gibson and Associate Nick Brown were recently featured in Law360 s Expert Analysis section. Ethan and Nick teamed up to provide the latest insight on the Texas Defamation Mitigation Act. Nick was featured a second time and dicussed the Texas Legislature's newest expansion of the Texas Uniform Trade Secrets Act. Law360 is a nationally recognized source for adept legal news. Ethan Gibson To read a version of both articles, click on the respective images below. Nick Brown The Clock is Ticking: Navigating the Texas Defamation Mitigation Act What You Need to Know: The New Texas Uniform Trade Secrets Act Click here to access the Law360 Version Click here to access the Law360 Version Kimberly Lewis Celebrates 15 Years Paralegal Kimberly Lewis celebrated her 15-year anniversary with Fulkerson Lotz this past May. Kimberly was hired by a predecessor in 2002 and made the transition when senior Partner Tom Fulkerson founded his solo practice. Kimberly has more than two decades of hands-on experience with litigation and trial support, electronic document management, and trial presentation. We graciously thank Kimberly for her hard work and years of dedication; She is an integral part of our successes and we look forward to many more years together. 5